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Probation

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1. What is probation supervision?

Probation supervision is an alternative to incarceration for criminal behavior in the criminal court system or punishment for unacceptable behavior in family court that influences law abiding behavior while allowing the probationer to continue to reside and function in the community.

2. How does probation supervision influence law abiding behavior?

Probation supervision influences law abiding behavior by requiring a probationer to abide by court ordered terms and conditions that restrict a probationer’s behavior and often includes certain treatment requirements.

3. What are some probation terms and conditions?

A probation sentence may include specific supervision terms for probationers such as attending substance abuse treatment, Drug Treatment Court, mental health counseling, sex offender treatment, refraining from entering a bar, submitting to drug or alcohol tests, drivers license restrictions, curfews, community service and paying restitution among other terms as needed. Please see our Terms and Conditions in the Court/Client Forms. Court/Client Forms

4. What are some benefits to defendants on probation supervision?

The obvious benefit to probation supervision is that a person can be held accountable for a crime or poor behavior, and still be able to function within the community without the restrictions of incarceration or detention. Unlike a straight incarceration term or detention, a person placed on probation can continue their employment, take care of their family, earn money to pay restitution, they can attend treatment programs and attend school or college, all while they are monitored by a probation officer and restricted to law abiding behavior.

5. What are some benefits of probation supervision to the community?

Probation supervision lightens the jail population by allowing people to be under supervision instead of locked up in jail. Although a probation sentence can be coupled with a jail term, if all of the current probationers in New York State were placed in jail at this very second, it would add 125,000 people into our already overcrowded local and state correctional system. Another benefit is cost. It costs about $80 a day to incarcerate an individual. It costs less than $6 a day for Schuyler County Probation to supervise a probationer. Probation creates a major savings to the County and State.
See our Performance Based Budget for more beneficial information.

6. How does someone get placed on probation supervision?

There are generally two ways someone can be placed under probation supervision, either through a criminal court sentence or family court order.

In Criminal Court- A person must be charged with a crime. The court will order an informational investigation to be completed by probation. See investigations under General Services. If there is a conviction and it is appropriate, a sentence of probation supervision can be issued by the court. If required or appropriate and there is an adjudication as a youthful offender, a disposition ordering probation supervision can be issued.

In Family Court- A respondent must be found to be a Juvenile Delinquent or Person In Need of Supervision. Refer to our JD and PINS section under General Services. A Pre-Dispositional Investigation is ordered, and if appropriate, the respondent is ordered to probation.
General Services

7. How does Probation Supervision work?

After receiving a court order placing a person on probation, a probation officer is assigned to the case. In Schuyler County, it is usually the same officer that conducted the investigation on the individual. The officer will then contact the probationer and set up an intake appointment. The officer will review what is expected from the probationer as outlined in the court ordered supervision terms, as well as any required office visits, home visits and collateral contacts.

8. What are office visits, home visits and collateral contacts?

These are ways that a probation officer keeps in touch with a probationer and checks up on how they are complying with their terms and conditions. We keep in constant contact with our probationers. They are placed in a supervision level, 1, 2 or 3 and that determines how often they must report to our office to check with their officer. It also determines how often we perform home visits and how many collateral contacts we conduct.

9. What do you do during office visits, home visits and collateral contacts?

Office visits are required to keep in contact with our probationers. A probationer’s address and phone number are typically always verified, standard information is exchanged during office visits such as how the probationer is doing in treatment, at school or work. If problems occur, longer meetings take place to discuss them. Home visits happen less often but are also required in Schuyler County. An officer may visit a probationer’s home at any time they feel it is appropriate. An officer has the authority, per a court order, to verify a probationer’s residence and search their property or person to determine their compliance with their terms. Collateral contacts are when an officer talks with a person affiliated with the probationer. This can be a treatment provider, parent, teacher, employer, police officer, anyone who may have contact with the probationer. All of these functions are performed to make sure the probationer is complying with their terms and conditions as ordered by the court.

10. Is probation supervision the same as parole?

Probation is similar to parole in that there is a supervising officer whom watches over an individual to make sure they are abiding by a set of specific conditions. However, probation supervision is a sentence or sanction ordered by the court for a crime or behavior. Someone on parole has actually been sentenced to a state prison term. Parole supervision may be granted for an inmate to be released from incarceration but allows them to remain under the supervision of a parole officer while they complete their sentence and transitioning back into the community.

11. What can I find out about someone on probation supervision?

Although our department is not bound by the same confidentiality as a medical treatment provider, we still respect the confidentiality of our probationers. Our Officers will not release personal information to anyone about a probationer unless it is related to accomplishing compliance with their sentence requirements. However, our officers can take any information to assist them in supervising our probationers and investigate any tips to discover if a probation violation can be discovered or verified. Contact us at (607)535-8165 or scprobation@co.schuyler.ny.us with any information regarding a current probationer.

12. What is a violation of Probation?

A Violation of Probation is when a probationer does not follow his court ordered terms and conditions.

13. What happens during a violation of probation?

After a probationer has broken a court ordered condition, the supervising probation officer has several options. They may discuss the infraction with the probationer. If the infraction is small and happened once, then the officer may simply discuss the issue with the probationer and pay close attention to the problem making sure it does not happen again. If the infraction is a serious one, or a small but frequent problem, then the officer may file a written notice of violation to the court with a recommendation on what to do with the probationer.

14. What types of recommendations can be made for a violation of probation?

A probation officer must always include a recommendation as to the disposition of a case when filing a violation. The officer should be very familiar with the case and should have the best knowledge on what outcome would be most beneficial in a violation. Recommendations could include reengaging in a treatment program, a short term of incarceration with probation continued, community service, and even revocation of probation supervision followed by a new sentence of incarceration.

15. What are typical lengths of probation supervision?

The typical terms for probation are 3 years supervision for a misdemeanor, 5 years probation for a felony, 6 years probation for a misdemeanor sex offense and 10 years probation for a felony sex offense.

16. Can a person be released from probation supervision early?

Yes. The court holding jurisdiction is the only authority that can grant an early discharge from probation supervision. The policy of Schuyler County Probation is that a probationer must serve at a minimum, one half of their term of probation and be in good standing with their court orders before an early discharge can be recommended from a probation officer to the court.

17. Are probation officers the same as police officers?

No, police and probation officers are different. Police Officers have authority over a population of people that are within a geographical jurisdiction, usually a township, county or state. Police enforce all laws, and are required to act when a law is broken on and off duty. A probation officer is defined as a peace officer under Criminal Procedure Law 2.10. Probation officers have authority over people that are ordered to probation supervision. Probation officers enforce very specific laws and probation orders over their probationers and are not required to immediately act if a probation term is broken when off duty.

18. What type of powers or authority do probation officers have?

Probation Officers powers are defined under Criminal Procedural Law 2.20, powers of arrest can be found in CPL 140.25, searches under CPL 410.50 and use of physical force and deadly physical force under Penal Law article 35.30.